Terms of Service

Last updated: June 9, 2026 · Effective: June 9, 2026

These Terms of Service ("Terms," "Agreement") form a binding contract between you ("Customer," "you," or "your") and Liam McDaniel, doing business as Shipclaim ("Shipclaim," "we," "us," or "our"). By creating an account or otherwise using the Service, you agree to be bound by these Terms.

If you do not agree to these Terms, do not use the Service.

1. Definitions

"Service" means the Shipclaim software platform that audits United Parcel Service ("UPS") invoices, identifies potential billing errors and refund opportunities, and assists customers in filing claims for late delivery refunds, duplicate charges, and other recoverable amounts.

"Customer Account" means the account you create to access the Service.

"Customer Data" means data, files, content, account credentials, UPS invoice data, billing information, or any other information you provide to Shipclaim or that Shipclaim accesses with your authorization.

"Commission" means the only fee payable to Shipclaim for the Service, as described in Section 4: 15% of Identified Recoveries. The Service carries no subscription, monthly fee, or other recurring charge; the Commission is the sole fee.

"Identified Recovery" means a billing error, service failure refund, duplicate charge, contract compliance violation, or other recoverable amount identified by the Service in the Customer's UPS invoice data and documented in the Service's audit reports.

"Realized Recovery" means an amount actually refunded to the Customer by UPS as a result of a claim filed by the Customer.

"UPS Account" means Customer's account with United Parcel Service, including the UPS Billing Center and any associated services.

2. Service Description

Shipclaim provides software that:

(a) connects to Customer's UPS Account, with Customer's authorization, to retrieve invoice and shipping data;

(b) audits invoice data against UPS's published rates, Customer's negotiated rates (when provided), and UPS's published service commitments;

(c) identifies potential recovery opportunities;

(d) generates audit reports;

(e) generates a claim batch that Customer files with UPS itself; Shipclaim does not file claims on Customer's behalf;

(f) provides a customer dashboard for viewing audit results, managing the account, and accessing reports.

Shipclaim is an independent third-party service. Shipclaim is not affiliated with, endorsed by, or sponsored by United Parcel Service, Inc. or its subsidiaries.

3. Eligibility and Account Registration

(a) To use the Service, you must:

• be at least 18 years of age and have legal authority to enter into binding contracts;
• be acting on behalf of a business with a legitimate UPS shipping account;
• provide accurate, current, and complete account registration information;
• maintain the security of your account credentials.

(b) The Service is for business use. Consumer or personal use is not supported.

(c) You are responsible for all activities under your Customer Account, including any unauthorized access resulting from your failure to safeguard credentials.

4. Pricing and Commission

(a) The Service is free to use. There is no subscription, no monthly fee, and no recurring charge. Pricing is described at shipclaim.co/pricing.

(b) The only fee is a Commission on recoveries of 15% of Identified Recoveries (the dollar amount Shipclaim's audit engine identifies as recoverable from UPS, whether or not the Customer ultimately files or collects those claims). Customer keeps the large majority of its recoveries: the 15% Commission is the sole amount payable to Shipclaim, and Customer retains the remainder of any refunds it recovers from UPS.

(c) Commission is invoiced on Net-60 terms: each commission invoice issues at the time Customer downloads the claim batch for the corresponding audit, and is automatically charged to the payment method Customer has on file with Stripe sixty (60) days after that invoice date. No payment method is collected at signup; Customer provides a payment method at the time of the first claim-batch download, and that payment method is used for the Net-60 commission charge.

(d) Past-due balances accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law. Shipclaim may suspend Service access for accounts more than 15 days past due. A commission invoice is "past due" only after the sixty (60) day Net-60 period has elapsed without payment.

(e) Shipclaim may change pricing or the Commission rate upon 30 days' notice. A change applies only to audits performed after it takes effect; Customer may stop using the Service before the change takes effect to avoid the new pricing.

5. UPS Account Authorization

(a) To use the Service, you must grant Shipclaim access to your UPS Account billing data, either by:

• authorizing Shipclaim through UPS's API (OAuth or similar), where available;
• providing read-only access credentials to your UPS Billing Center; or
• uploading invoice data directly to the Service.

(b) You represent and warrant that you have the authority to grant such access on behalf of the entity that owns the UPS Account, and that doing so does not violate any agreement with UPS or any third party.

(c) You may revoke Shipclaim's access at any time. Revocation may impair Shipclaim's ability to provide the Service and may be cause for termination of your Customer Account.

(d) Shipclaim will access only the data necessary to perform the Service. Shipclaim does not initiate shipments, modify UPS account settings, or make purchases on Customer's UPS Account.

(e) Shipclaim generates claim batches from the audit, using information provided by Customer or accessed through the authorized access described above. Customer files those claims with UPS itself; Shipclaim does not file refund or recovery claims with UPS on Customer's behalf.

(f) Customer is responsible for any actions UPS takes in response to claims Customer files, including potential account reviews, rate adjustments, or relationship impacts.

6. Customer Data and Privacy

(a) Customer Data is owned by you. Shipclaim claims no ownership of Customer Data.

(b) Customer grants Shipclaim a non-exclusive, royalty-free license to use, store, transmit, display, and process Customer Data solely to provide the Service.

(c) Shipclaim may use aggregated, de-identified data derived from Customer Data for purposes such as Service improvement, benchmark analytics, and product development, provided that such use does not identify Customer or any individual.

(d) Shipclaim's handling of personal information is governed by the Shipclaim Privacy Policy, available at shipclaim.co/privacy and incorporated into these Terms by reference.

(e) Shipclaim employs reasonable administrative, physical, and technical safeguards to protect Customer Data, including encryption in transit (TLS), access controls, and audit logging. Despite these safeguards, no system is fully secure. Shipclaim does not warrant that Customer Data will be free from unauthorized access or loss.

7. Acceptable Use

You agree not to:

(a) reverse engineer, decompile, or disassemble the Service, except to the extent expressly permitted by applicable law;

(b) access or attempt to access the Service through automated means except via documented APIs;

(c) interfere with or disrupt the Service or servers or networks connected to the Service;

(d) use the Service to violate any law, regulation, or third-party right (including UPS's terms of service);

(e) impersonate any person or entity;

(f) provide false information during registration or during Service use;

(g) attempt to gain unauthorized access to other customers' accounts or data;

(h) resell, sublicense, or share Service access without Shipclaim's written consent;

(i) use the Service to send spam, conduct phishing, or distribute malware;

(j) use the Service in any manner that could damage, disable, overburden, or impair the Service.

8. Intellectual Property

(a) Shipclaim and its licensors retain all right, title, and interest in and to the Service, including software, audit algorithms, documentation, designs, trademarks, and any improvements thereof.

(b) Subject to these Terms, Shipclaim grants Customer a non-exclusive, non-transferable, revocable right to access and use the Service during the term of this Agreement for Customer's internal business purposes.

(c) Any feedback, suggestions, or improvement ideas submitted by Customer become the property of Shipclaim and may be incorporated into the Service without compensation or attribution to Customer.

9. Service Availability and Modifications

(a) Shipclaim will use commercially reasonable efforts to maintain Service availability but does not guarantee uninterrupted access. Maintenance, upgrades, and unforeseen outages may affect availability.

(b) Shipclaim may modify, add, remove, or discontinue features of the Service at any time. Material reductions in functionality will be announced at least 30 days in advance, allowing Customers to stop using the Service before the change takes effect.

(c) Shipclaim does not commit to a specific service level agreement (SLA) unless explicitly stated in a written agreement signed by Shipclaim.

10. Suspension and Termination

(a) Shipclaim may suspend or terminate Customer Account immediately upon written notice if:

• Customer fails to pay fees when due;
• Customer materially breaches these Terms;
• Customer's use of the Service poses a security or legal risk;
• Customer's UPS Account is closed, suspended, or otherwise unable to support the Service.

(b) Customer may close the Customer Account at any time from the dashboard or by written notice to Shipclaim.

(c) Upon termination:

• Customer's right to access the Service ends;
• Customer remains responsible for any fees accrued prior to termination;
• Shipclaim will, upon written request received within 30 days of termination, provide Customer with a copy of Customer Data in a commercially reasonable format;
• Shipclaim may delete Customer Data after 90 days following termination.

(d) Sections that by their nature should survive termination (including without limitation Sections 6, 8, 11, 12, 13, 14, 16, and 18) will survive.

11. Disclaimers and Limitations

(a) THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

(b) SHIPCLAIM DOES NOT WARRANT THAT:

• the Service will be error-free or uninterrupted;
• the Service will identify all possible recoveries in Customer's UPS data;
• UPS will approve any specific claim or refund;
• Customer will receive any specific dollar amount in refunds.

(c) Shipclaim's identification of potential Recoveries is based on audit logic applied to data provided by Customer or retrieved with Customer's authorization. Errors in source data, changes in UPS policies, contract-specific terms not provided to Shipclaim, and UPS's discretion in claim adjudication may affect outcomes.

(d) Shipclaim does not provide legal, tax, accounting, or financial advice. Customer should consult its own advisors regarding the implications of using the Service.

12. Limitation of Liability

(a) TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SHIPCLAIM OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, LOST GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, EVEN IF SHIPCLAIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) SHIPCLAIM'S TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE TOTAL FEES PAID BY CUSTOMER TO SHIPCLAIM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

(c) The foregoing limitations apply regardless of the form of action (contract, tort, statute, or otherwise) and survive failure of any limited remedy.

(d) Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, Shipclaim's liability is limited to the maximum extent permitted by law.

13. Indemnification

(a) Customer will indemnify, defend, and hold harmless Shipclaim and its officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Customer's breach of these Terms;
• Customer's misuse of the Service;
• Customer Data, including any claim that Customer Data violates third-party rights or applicable law;
• Customer's violation of any law or regulation;
• Customer's relationship with UPS.

(b) Shipclaim will indemnify, defend, and hold harmless Customer from third-party claims alleging that Customer's authorized use of the Service infringes a third party's intellectual property rights. This obligation does not apply to claims arising from Customer Data, Customer's modifications, or Customer's use of the Service in combination with other products or services not provided by Shipclaim.

14. Confidentiality

(a) Each party may disclose Confidential Information to the other in connection with the Service. Confidential Information includes non-public business, technical, and financial information.

(b) Each party will:

• use the other's Confidential Information only for purposes of these Terms;
• not disclose Confidential Information to third parties except as necessary to perform under these Terms;
• protect Confidential Information with at least the same care it uses for its own confidential information.

(c) Obligations do not apply to information that is publicly available, was known prior to disclosure, is independently developed, or is required to be disclosed by law (provided the disclosing party gives prompt notice when permitted).

15. Force Majeure

Neither party will be liable for any failure or delay in performance to the extent caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government actions, labor disputes, power outages, internet failures, or third-party service failures (including UPS API outages or Stripe service disruptions).

16. Governing Law and Dispute Resolution

(a) These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles.

(b) Any dispute arising out of or relating to these Terms will be resolved through binding arbitration administered by JAMS in Los Angeles County, California, in accordance with JAMS Streamlined Arbitration Rules. Judgment on the award may be entered in any court of competent jurisdiction.

(c) Notwithstanding the foregoing, either party may seek injunctive relief in court for breaches of intellectual property or confidentiality obligations.

(d) CLASS ACTION WAIVER. Both parties waive any right to participate in a class action or class arbitration against the other. All disputes must be resolved on an individual basis.

(e) Either party may bring a small claims action in lieu of arbitration if the claim falls within small claims jurisdiction.

17. Changes to These Terms

(a) Shipclaim may modify these Terms at any time. The "Last updated" date will reflect the most recent revision.

(b) Material changes will be communicated to Customer via email (sent to the address on file) or through prominent notice within the Service at least 30 days before the changes take effect.

(c) Continued use of the Service after changes take effect constitutes acceptance of the modified Terms. If Customer does not agree to the changes, Customer's sole remedy is to stop using the Service and close the Customer Account before the changes take effect.

18. General Provisions

(a) Entire Agreement. These Terms, together with the Privacy Policy and any order forms or written agreements signed by Shipclaim, constitute the entire agreement between the parties regarding the Service and supersede all prior agreements.

(b) Assignment. Customer may not assign these Terms without Shipclaim's prior written consent. Shipclaim may assign these Terms to a successor in connection with a merger, acquisition, or sale of assets.

(c) Severability. If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force.

(d) Waiver. No waiver of any breach is a waiver of any subsequent breach.

(e) Notices. Notices to Shipclaim must be sent to support@shipclaim.co. Notices to Customer will be sent to the email address on file in the Customer Account. Notices are deemed received on the next business day after sending.

(f) Independent Contractors. The parties are independent contractors. No partnership, joint venture, or agency relationship is created by these Terms.

(g) Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights.

(h) Headings. Section headings are for convenience only and do not affect interpretation.

(i) Counterparts. Electronic signatures and clicks indicating acceptance have the same legal effect as physical signatures.

19. Contact

Questions about these Terms: support@shipclaim.co

Mailing address: Available upon request.

By using the Shipclaim Service, you acknowledge that you have read, understood, and agree to these Terms of Service.